Arizona Motion in Limine Regarding The Testimony of Lay Witnesses

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US-02248BG
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A lay witness is an ordinary person who testifies based upon their personal knowledge and life experiences. A lay witness is distinguished from an expert testimony, who testifies and gives and opinion based upon their qualifications of expertise in their field. A lay witness' opinion must not be based on knowledge outside the understanding of the ordinary person.

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FAQ

Rule 702 requires an expert's testimony to be "based on reliable principles and methods ... applied reliably to the facts of this case." This is a much more promising basis for a potential objection (or, more likely, a pretrial motion in limine).

A defendant's disclosure obligation extends to material and information within the possession or control of the defendant, defense counsel, staff, agents, investigators, or any other persons who have participated in the investigation or evaluation of the case and who are under the defendant's direction or control.

Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S. § 12-133.

Rule 7.2 - Right to Release (a)Before Conviction; Bailable Offenses. (1)Presumption of Innocence. A defendant charged with a crime but not yet convicted is presumed to be innocent.

A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury ? typically evidence that is irrelevant, unreliable, or more prejudicial than probative.

Every order of release must contain the following conditions: (1) the defendant must appear at all court proceedings; (2) the defendant must not commit any criminal offense; (3) the defendant must not leave Arizona without the court's permission; and (4) if a defendant is released during an appeal after judgment and ...

Before Conviction; Bailable Offenses (Section a): Defendants charged with bailable offenses have the right to be released on their own recognizance with minimal mandatory conditions unless the court deems additional conditions necessary to ensure appearance in court or protect the community.

(e) Motions for Reconsideration. (1)Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration.

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Arizona Motion in Limine Regarding The Testimony of Lay Witnesses